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Plaintiffs David F. Evans, Collin Finnerty and Reade Seligmann were Duke lacrosse players. They alleged that defendants, individually and in concert, maliciously conspired to bring charges of rape, sexual assault, and kidnapping against them by suppressing and manufacturing evidence.
Defendants
The City of Durham, North Carolina
Fourteenth Prosecurial District in North Carolina
- Michael B. Nifong, District Attorney
- Linwood Wilson, Investigator
Durham Police Department
- Mark Gottlieb, Detective,
- Benjamin Himan, Investigator
- David Addison, Corporal
- Steven Chalmers, Chief of Police
- Beverly Council, Commander of the Uniform Patrol Bureau
- Ronald Hodge, Deputy Chief of Police
- Jeff Lamb, Commander of the District Two Uniform Patrol
- Stephen Mihaich, Commander of Investigative Services
- Michael Ripberger, Lieutenant
- Lee Russ, Executive Officer to the Chief of Police
DNA Security, Inc.
- Richard Clark, President
- Brian Meehan, Laboratory Director
DAVID F. EVANS, COLLIN FINNERTY and READE SELIGMANN |
DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON, LINWOOD WILSON, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN and PATRICK BAKER |
1:2007cv00739 |
October 5, 2007 |
US District Court for the Middle District of North Carolina |
Durham Office |
Durham |
JAMES A. BEATY |
WALLACE W. DIXON |
Civil Rights: Other |
28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
Plaintiff |
This docket was last retrieved on August 1, 2010. A more recent docket listing may be available from PACER.
Document Text |
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Motions Submitted: 125 MOTION to Dismiss Second Amended Complaint, 124 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 120 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 126 MOTION to Dismiss, 119 MOTION to Dismiss Second Amended Complaint, 127 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 117 MOTION to Dismiss OF MICHAEL B. NIFONG, 123 MOTION to Dismiss Second Amended Complaint, 121 MOTION to Dismiss Plaintiffs' Second Amended Complaint to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 131 REPLY BRIEF with Respect to the City of Durham's 130 Supplemental Brief in Support of its' 127 MOTION to Dismiss Plaintiffs' Second Amended Complaint; filed by DURHAM, NORTH CAROLINA, CITY OF. (GILLESPIE, REGINALD) Modified on 4/16/2010 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 129 Plaintiffs' Consolidated Opposition to Defendants' 124 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 120 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 127 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 123 MOTION to Dismiss Second Amended Complaint, 121 MOTION to Dismiss Plaintiffs' Second Amended Complaint, 125 MOTION to Dismiss Second Amended Complaint, 126 MOTION to Dismiss, 119 MOTION to Dismiss Second Amended Complaint, 117 MOTION to Dismiss OF MICHAEL B. NIFONG filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Replies due by 4/1/2010. (MANNING, CHRISTOPHER) Modified on 3/16/2010 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 128 Supplemental BRIEF re 127 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Defendant DURHAM, NORTH CAROLINA, CITY OF filed by DURHAM, NORTH CAROLINA, CITY OF. (GILLESPIE, REGINALD) |
Filing 127 MOTION to Dismiss Plaintiffs' Second Amended Complaint by DURHAM, NORTH CAROLINA, CITY OF. Responses due by 4/5/2010 (GILLESPIE, REGINALD) |
Filing 126 MOTION to Dismiss Second Amended Complaint by BRIAN MEEHAN. Responses due by 3/31/2010 (ROBERTS, JAMES) |
Filing 125 MOTION to Dismiss Second Amended Complaint by BENJAMIN HIMAN. Responses due by 4/5/2010 (SAPPENFIELD, HENRY) |
Filing 124 MOTION to Dismiss Plaintiffs' Second Amended Complaint by PATRICK BAKER, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. Responses due by 4/5/2010 (KERNER, PATRICIA) |
Filing 123 MOTION to Dismiss Second Amended Complaint by RICHARD CLARK, DNA SECURITY, INC. Responses due by 3/31/2010 (PINYAN, CLINTON) |
Filing 122 NOTICE of Appearance by attorney CLINTON R. PINYAN on behalf of Defendants RICHARD CLARK, DNA SECURITY, INC. (PINYAN, CLINTON) |
Filing 121 MOTION to Dismiss Plaintiffs' Second Amended Complaint by DAVID ADDISON. Responses due by 4/5/2010 (MAXWELL, JAMES) |
Filing 120 MOTION to Dismiss Plaintiffs' Second Amended Complaint by MARK GOTTLIEB. Responses due by 4/2/2010 (STEVENS, ERIC) |
Filing 119 MOTION to Renew 29 Motion to Dismiss in Second Amended Complaint; filed by LINWOOD WILSON. Responses due by 3/29/2010 (WILSON, LINWOOD) Modified on 3/5/2010 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 118 MEMORANDUM in Support of 117 MOTION to Dismiss; filed by MICHAEL B. NIFONG. (CRAVEN, JAMES) Modified on 2/19/2010 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 117 MOTION to Dismiss OF MICHAEL B. NIFONG by MICHAEL B. NIFONG. Responses due by 3/15/2010 (CRAVEN, JAMES) |
Filing 116 Second AMENDED COMPLAINT against defendant DAVID ADDISON, PATRICK BAKER, STEVEN W. CHALMERS, RICHARD CLARK, BEVERLY COUNCIL, DNA SECURITY, INC., DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, RONALD HODGE, JEFF LAMB, BRIAN MEEHAN, STEPHEN MIHAICH, MICHAEL B. NIFONG, MICHAEL RIPBERGER, LEE RUSS, LINWOOD WILSON, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES) |
Set Deadline: Second Amended Complaint due 2/23/2010 pursuant to Order entered 2/16/2010. (Welch, Kelly) |
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Set Deadline: Second Amended Complaint due 2/23/2010 pursuant to Order entered 2/16/2010. (Powell, Gloria) |
Filing 114 Suggestion of Subsequently Decided Authority re 42 MOTION to Dismiss by Defendants DAVID ADDISON, PATRICK BAKER, STEVEN W. CHALMERS, BEVERLY COUNCIL, DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. (GILLESPIE, REGINALD) |
Filing 113 NOTICE Concerning Dismissal of Pendig United States Supreme Court Case; filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN re 42 MOTION to Dismiss, 112 Supplemental Memorandum (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (DAVANT, CHARLES) Modified on 1/6/2010 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 112 Second Supplemental Memorandum by Defendant MICHAEL B. NIFONG. (CRAVEN, JAMES) (Additional attachment(s) added on 11/18/2009: # 1 Attachment) (Lee, Lisa). |
***Motions Submitted: 109 MOTION for Leave to File Second Amended Complaint to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 111 REPLY in Support of 109 MOTION for Leave to File Second Amended Complaint filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (DAVANT, CHARLES) Modified on 9/22/2009 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 110 RESPONSE in Opposition re 109 MOTION for Leave to File Second Amended Complaint filed by DURHAM, NORTH CAROLINA, CITY OF. Replies due by 9/24/2009. (Attachments: # 1 Text of Proposed Order including alternate versions of proposed order on motion for leave to amend -- proposed order denying motion and proposed order allowing motion) (GILLESPIE, REGINALD) |
Filing 109 MOTION for Leave to File Second Amended Complaint by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Responses due by 9/4/2009 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order) (DAVANT, CHARLES) |
Filing 108 SUPPLEMENTAL MEMORANDUM ON BEHALF OF MICHAEL B. NIFONG re 97 Memorandum by Defendant MICHAEL B. NIFONG. (CRAVEN, JAMES) Modified on 8/13/2009 to remove duplicate text (Lee, Lisa). |
Filing 107 Supplemental BRIEF Opposing 42 MOTION to Dismiss; filed by Plaintiffs DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN (DAVANT, CHARLES) Modified on 7/15/2009 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 106 NOTICE of Appearance by attorney RICHARD D. EMERY on behalf of Plaintiff READE SELIGMANN (EMERY, RICHARD) |
Filing 105 NOTICE of Appearance by attorney ILANN M. MAAZEL on behalf of Plaintiff READE SELIGMANN (MAAZEL, ILANN) |
Filing 104 NOTICE of Appearance by attorney RICHARD D. EMERY on behalf of Plaintiff READE SELIGMANN (EMERY, RICHARD) |
Filing 103 NOTICE of Appearance by attorney ILANN M. MAAZEL on behalf of Plaintiff READE SELIGMANN (MAAZEL, ILANN) |
NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 103 Notice of Appearance, 104 Notice of Appearance. Purs. to LR83.1(c)(2). Refile with the /s/ signature of Local Counsel a member of the Bar of this Court. (Wilson, JoAnne) |
Filing 102 REPLY, filed by Defendant BRIAN MEEHAN, to Response to 30 MOTION to Dismiss Defendant Meehan's Joinder in Defendants DNA Security, Inc, and Richard Clark's Supplemental Brief in Support of Motion to Dismiss. (ROBERTS, JAMES) |
Filing 101 Supplemental BRIEF In Support Of Linwood Wilson's Motion To Dismiss 29 by Defendant LINWOOD WILSON. (WILSON, LINWOOD) |
Filing 100 Supplemental BRIEF re 43 Brief, 42 MOTION to Dismiss, 39 Brief, 37 Brief by Defendants DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN (GILLESPIE, REGINALD) |
Filing 99 Supplemental BRIEF re 41 Brief, 62 Reply to Response to Motion, 35 Brief, 60 Reply to Response to Motion,. (Attachments: # 1 Exhibit Attachment I -- Iqbal Complaint)(KERNER, PATRICIA) |
Filing 98 Supplemental BRIEF re 63 Reply to Response to Motion, 33 Brief by Defendants DNA SECURITY, INC., RICHARD CLARK by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT) |
Filing 97 MEMORANDUM ON BEHALF OF MICHAEL B. NIFONG by Defendant MICHAEL B. NIFONG. (CRAVEN, JAMES) |
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Filing 94 FIRST SUPPLEMENT to 78 MOTION for Partial Summary Judgment (Governmental Immunity) by Defendant DURHAM, NORTH CAROLINA, CITY OF. (Attachments: # 1 Exhibit 1) (GILLESPIE, REGINALD) Modified on 3/23/2009 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 93 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant MARK GOTTLIEB. DAVID WILLIAM LONG is substituted as counsel for Defendant. Attorney EDWIN M. SPEAS, JR terminated. (LONG, DAVID) |
***Motions Submitted: 90 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 92 MEMORANDUM of LAW in Opposition to 90 MOTION to Dismiss filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (DAVANT, CHARLES) |
Filing 91 MEMORANDUM filed by Defendant MICHAEL B. NIFONG re 90 MOTION to Dismiss filed by MICHAEL B. NIFONG. (CRAVEN, JAMES) |
Filing 90 MOTION to Dismiss by MICHAEL B. NIFONG. Responses due by 2/9/2009 (CRAVEN, JAMES) |
***Motions Submitted: 78 MOTION for Partial Summary Judgment (Governmental Immunity) to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 89 CERTIFICATE OF SERVICE by DURHAM, NORTH CAROLINA, CITY OF re 86 Affidavit, 87 Affidavit (GILLESPIE, REGINALD) |
Filing 88 REPLY to Response to 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DURHAM, NORTH CAROLINA, CITY OF. (GILLESPIE, REGINALD) |
Filing 87 AFFIDAVIT of Arche L. McAdoo re 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DURHAM, NORTH CAROLINA, CITY OF. (Attachments: # 1 Exhibit 1) (GILLESPIE, REGINALD) |
Filing 86 AFFIDAVIT of Amy M. DeLorenze re 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DURHAM, NORTH CAROLINA, CITY OF. (Attachments: # 1 Exhibit 1) (GILLESPIE, REGINALD) |
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***Motions Submitted: 84 MOTION to Reopen Case as to Defendant Nifong to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 84 MOTION to Reopen Case as to Defendant Nifong by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Text of Proposed Order) (DAVANT, CHARLES) |
Filing 83 RESPONSE in Opposition to 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Replies due by 12/12/2008. (Attachments: # 1 Affidavit Rule 56(f) Affidavit of Charles Davant IV, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K) (DAVANT, CHARLES) |
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Filing 81 CERTIFICATE OF SERVICE by DURHAM, NORTH CAROLINA, CITY OF re 79 Affidavit of Darwin Laws and attached Exhibits 1, 2, and 3 (GILLESPIE, REGINALD) |
Filing 80 BRIEF re 79 Affidavit, 78 MOTION for Partial Summary Judgment (Governmental Immunity). (GILLESPIE, REGINALD) |
Filing 79 AFFIDAVIT re 78 MOTION for Partial Summary Judgment (Governmental Immunity) filed by Defendant DURHAM, NORTH CAROLINA, CITY OF. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (GILLESPIE, REGINALD) |
Filing 78 MOTION for Partial Summary Judgment (Governmental Immunity) by DURHAM, NORTH CAROLINA, CITY OF. Responses due by 11/24/2008 (GILLESPIE, REGINALD) |
Filing 77 NOTICE of Change of Address by ERIC P. STEVENS (STEVENS, ERIC) |
Filing 76 NOTICE of Change of Address by EDWIN M. SPEAS, JR (SPEAS, EDWIN) |
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***Motions Submitted: 67 MOTION to Compel Rule 26(f) Conference, 73 MOTION to Allow Defendant Linwood Wilson to Use the CM/ECF System to File Documents Electronically to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 74 REPLY in Support of 67 MOTION to Compel Rule 26(f) Conference filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Exhibit A) (DAVANT, CHARLES) |
Filing 73 MOTION to Allow Defendant Linwood Wilson to Use the CM/ECF System to File Documents Electronically; filed by LINWOOD WILSON. Responses due by 8/21/2008. (Lee, Lisa) (Additional attachment(s) added on 8/1/2008: # 1 Main Document) (Lee, Lisa). |
Filing 72 RESPONSE by Defendant LINWOOD WILSON to 67 MOTION to Compel Rule 26(f) Conference. (Attachments: # 1 Envelope (Front)) (Lee, Lisa) |
Filing 71 RESPONSE in Opposition re 67 MOTION to Compel Rule 26(f) Conference filed by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON. Replies due by 8/4/2008. (Attachments: # 1 Exhibit Attachment I -- August 16, 2007 letter, # 2 Exhibit Attachment II -- September 26, 2007 letter, # 3 Exhibit Attachment III -- May 7, 2008 letter, # 4 Exhibit Attachment IV -- May 19, 2008 Letter, # 5 Exhibit Attachment V -- May 19, 2008 Letter to Emery)(KERNER, PATRICIA) |
Filing 70 RESPONSE in Opposition re 67 MOTION to Compel Rule 26(f) Conference DEFENDANT MEEHAN'S JOINDER IN DEFENDANTS DNA SECURITY, INC. AND RICHARD CLARK'S RESPONSE TO PLAINTIFFS' MOTION TO COMPEL DEFENDANTS TO CONFER UNDER RULE 26(f) filed by BRIAN MEEHAN. Replies due by 8/4/2008. (DICKINSON, PAUL) |
Filing 69 RESPONSE filed by Defendants DNA SECURITY, INC., RICHARD CLARK re 67 MOTION to Compel Rule 26(f) Conference filed by READE SELIGMANN, COLLIN FINNERTY, DAVID F. EVANS. Replies due by 8/4/2008. (Attachments: # 1 Exhibit Tab A - Correspondence, # 2 Exhibit Tab B - Transcripts)(KING, ROBERT) |
Filing 68 NOTICE of Linwood Wilson's Opposition to 67 MOTION to Compel Rule 26(f) Conference; filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN (Attachments: # 1 Exhibit 6, # 2 Exhibit 7) (DAVANT, CHARLES) Modified on 7/2/2008 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 67 MOTION to Compel Rule 26(f) Conference by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Responses due by 7/17/2008 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (DAVANT, CHARLES) |
***Motions Submitted: 29 MOTION to Dismiss, 40 MOTION to Dismiss, 32 MOTION to Dismiss, 34 MOTION to Dismiss pursuant to Rule 12(b)(6) MOTION to Dismiss pursuant to Rule 12(b)(6), 30 MOTION to Dismiss, 38 MOTION to Dismiss, 42 MOTION to Dismiss, 36 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 66 Amended Certificate of Service; filed by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS (WARF, D.) |
Filing 65 REPLY in Support of 42 MOTION to Dismiss; filed by DURHAM, NORTH CAROLINA, CITY OF. (GILLESPIE, REGINALD) Modified on 5/12/2008 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 64 JOINDER in REPLY in Support of 40 MOTION to Dismiss of Defendants DNA Security, Inc. and Richard Clark; filed by BRIAN MEEHAN. (DICKINSON, PAUL) Modified on 5/12/2008 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 63 REPLY BRIEF in Support of 32 MOTION to Dismiss filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT) Modified on 5/12/2008 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 62 REPLY MEMORANDUM in Support of 40 MOTION to Dismiss filed by DAVID ADDISON. (MAXWELL, JAMES) |
Filing 61 JOINT REPLY MEMORANDUM in Support of 36 MOTION to Dismiss filed by Defendants Mark Gottlieb and Benjamin Himan (STEVENS, ERIC) Modified on 5/12/2008 to remove duplicate text (Lee, Lisa). |
Filing 60 REPLY in Support of 34 MOTION to Dismiss; filed by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. (KERNER, PATRICIA) Modified on 5/12/2008 to reflect accurate title of pldg. (Lee, Lisa). |
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***Motions Submitted: 55 MOTION for Extension of Time to File Reply as to 30 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 55 MOTION for Extension of Time to File Reply Brief as to 30 MOTION to Dismiss First Amended Complaint; filed by BRIAN MEEHAN. Responses due by 5/23/2008 (Attachments: # 1 Text of Proposed Order [Proposed] Order Allowing Motion) (DICKINSON, PAUL) |
Filing 54 MOTION for Extension of Time to File Response/Reply Brief In Support of Motion to Dismiss First Amended Complaint by DNA SECURITY, INC., RICHARD CLARK. Responses due by 5/23/2008 (KING, ROBERT) |
***Motions Submitted: 53 MOTION for Extension of Time to File Reply as to 38 MOTION to Dismiss to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
***Motions Submitted: 54 MOTION for Extension of Time to File Reply Brief In Support of Motion to Dismiss First Amended Complaint to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
***Motions Submitted: 50 MOTION for Pro Hac Vice Admission to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 53 MOTION for Enlargement of Time to File Reply Brief in Support of 38 MOTION to Dismiss, 42 MOTION to Dismiss, 36 MOTION to Dismiss, 25 Order on Motion to Exceed Page Limit, Order on Motion for Extension of Time To File Motion, Order on Motion for Leave to File Excess Pages, 40 MOTION to Dismiss, 34 MOTION to Dismiss pursuant to Rule 12(b)(6), 51 Response in Opposition to Motion, by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, DURHAM, NORTH CAROLINA, CITY OF, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON. Responses due by 5/21/2008 (Attachments: # 1 Text of Proposed Order) (GILLESPIE, REGINALD) Modified on 4/29/2008 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 52 NOTICE of Appearance by attorney HENRY W. SAPPENFIELD on behalf of Defendant BENJAMIN HIMAN (SAPPENFIELD, HENRY) |
Filing 51 Consolidated Opposition to Defendants' Motion to Dismiss The First Amended Complaint, re 31 Brief, 30 MOTION to Dismiss, 38 MOTION to Dismiss, 33 Brief, 43 Brief, 41 Brief, 42 MOTION to Dismiss, 39 Brief, 37 Brief, 36 MOTION to Dismiss, 29 MOTION to Dismiss, 40 MOTION to Dismiss, 35 Brief, 32 MOTION to Dismiss, 34 MOTION to Dismiss pursuant to Rule 12(b)(6) MOTION to Dismiss pursuant to Rule 12(b)(6); filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Replies due by 5/2/2008. (Attachments: # 1 Exhibit Exh 1 (Hoover v. Keith complaint), # 2 Exhibit Exh 2 (Antonio v. Moore complaint)) (MANNING, CHRISTOPHER) Modified on 4/3/2008 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 50 MOTION for Pro Hac Vice Admission by READE SELIGMANN. Responses due by 4/21/2008 (Attachments: # 1 Text of Proposed Order) (RUDOLF, DAVID) |
Filing 49 NOTICE of Appearance by attorney HANNAH GRAY STYRON on behalf of Defendants STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS (STYRON, HANNAH) |
Filing 48 NOTICE of Appearance by attorney D. MARTIN WARF on behalf of Defendants STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS (WARF, D.) |
Filing 47 NOTICE of Appearance by attorney PAUL R. DICKINSON, JR on behalf of Defendant BRIAN MEEHAN (DICKINSON, PAUL) |
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Case no longer referred to CHIEF/JUDGE BEATY as to Notice of Bankruptcy filing (Pldg. No. 44 ) by defendant Michael B. Nifong. (Lee, Lisa) Modified on 1/29/2008 to add additional text (Lee, Lisa). |
CASE REFERRED to Judge Beaty. Re: #44, Notice of Bankruptcy filing as to defendant Michael B. Nifong. (Kemp, Donita) |
Filing 45 NOTICE of Appearance by attorney ERIC P. STEVENS on behalf of Defendant MARK GOTTLIEB (STEVENS, ERIC) |
Filing 44 NOTICE by Defendant MICHAEL B. NIFONG of filing bankruptcy (CRAVEN, JAMES) |
***Response Deadlines as to Pldg. Nos. 30 , 32 , 34 , 36 , 38 , 40 & 42 have been updated. Responses due by 4/17/2008 per scheduling order (Pldg. No. 25 ). (Lee, Lisa) |
***Response Deadline as to Pldg. No. 29 has been updated. Responses due by 4/17/2008 per scheduling order (Pldg. No. 25 ). (Lee, Lisa) |
***ENTERED IN ERROR***Deadlines terminated as to Pldg. Nos. 34 , 36 , 38 , 40 , 42 . Response Deadlines have been reset and all responses to aforementioned pleadings are due by 2/7/2008. (Lee, Lisa) |
Filing 43 BRIEF in Support of 42 MOTION to Dismiss. (GILLESPIE, REGINALD) |
Filing 42 MOTION to Dismiss First Amended Complaint; by DURHAM, NORTH CAROLINA, CITY OF. Responses due by 4/17/2008 (Attachments: # 1 Exhibit 1) (GILLESPIE, REGINALD). Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). |
Filing 41 MEMORANDUM of Law in Support of 40 MOTION to Dismiss. (MAXWELL, JAMES) |
Filing 40 MOTION to Dismiss by DAVID ADDISON. Responses due by 4/17/2008 (MAXWELL, JAMES) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). |
Filing 39 MEMORANDUM in Support of 38 MOTION to Dismiss. (SPEAS, EDWIN) |
Filing 38 MOTION to Dismiss by MARK GOTTLIEB. Responses due by 4/17/2008 (SPEAS, EDWIN) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). |
Filing 37 BRIEF in Support of Motion to Dismiss by Defendant BENJAMIN HIMAN filed by BENJAMIN HIMAN. (CRAIG, JOEL) |
Filing 36 MOTION to Dismiss by BENJAMIN HIMAN. Responses due by 4/17/2008(CRAIG, JOEL) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). |
Filing 35 BRIEF in Support 34 MOTION to Dismiss pursuant to Rule 12(b)(6) by Defendants Baker, Chalmers, Council, Hodge, Lamb, Ripberger, and Russ. (KERNER, PATRICIA) |
Filing 34 MOTION to Dismiss; filed by STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, PATRICK BAKER, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS. Responses due by 4/17/2008 (KERNER, PATRICIA) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). |
Filing 33 BRIEF in Support of 32 MOTION to Dismiss by Defendants DNA SECURITY, INC., RICHARD CLARK filed by DNA SECURITY, INC., RICHARD CLARK. (KING, ROBERT) |
Filing 32 MOTION to Dismiss by DNA SECURITY, INC., RICHARD CLARK. Responses due by 4/17/2008 (KING, ROBERT) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). |
Filing 31 Joinder in BRIEF in Support of 30 MOTION to Dismiss by Defendant BRIAN MEEHAN filed by BRIAN MEEHAN. (ROBERTS, JAMES) |
Filing 30 MOTION to Dismiss by BRIAN MEEHAN. Responses due by 4/17/2008 (ROBERTS, JAMES) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). |
Filing 29 MOTION to Dismiss with Memorandum of Law in Support filed by Defendant LINWOOD WILSON. Responses due by 4/17/2008. (Welch, Kelly) Modified on 1/16/2008 to reflect correct response deadline per scheduling order (Pldg. No. 25 ) (Lee, Lisa). |
Filing 28 NOTICE of Voluntary Dismissal without Prejudice of Defendant Stephen Mihaich; filed by Plaintiffs DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN (DAVANT, CHARLES) Modified on 1/15/2008 to reflect accurate title of pldg. (Lee, Lisa). |
Filing 27 WAIVER OF SERVICE of SUMMONS by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. PATRICK BAKER waiver sent on 12/11/2007, answer due 2/9/2008. (Attachments: # 1 Exhibit Waiver of Service of Summons of Defendant Patrick Baker)(DAVANT, CHARLES) |
Filing 26 First AMENDED COMPLAINT against defendant PATRICK BAKER, LINWOOD WILSON, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, MICHAEL RIPBERGER, LEE RUSS, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, DURHAM, NORTH CAROLINA, CITY OF, MICHAEL B. NIFONG, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES) |
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NOTICE of Docket Text/Event Modification re Set Deadlines/Hearings: Deficiency Compliance due by 12/10/07. Entry inadvertently entered into wrong case. Counsel please disregard this entry. (Welch, Kelly) |
***FILED IN ERROR*** Set Deadlines/Hearings: Deficiency Compliance due by 12/10/2007. (Welch, Kelly) Modified on 11/29/2007 to reflect as being filed in error (Welch, Kelly). |
Filing 24 Joint MOTION to Exceed Page Limit in motion-to-dismiss briefing, Joint MOTION for Extension of Time To File Motion to Dismiss or to Answer by LINWOOD WILSON, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN, DURHAM, NORTH CAROLINA, CITY OF, MICHAEL B. NIFONG, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON. (Attachments: # 1 Text of Proposed Order)(DAVANT, CHARLES) |
***Motions Submitted: 24 Joint MOTION to Exceed Page Limitations and establish briefing schedule to Judge CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 23 NOTICE of Appearance by attorney NICHOLAS J. SANSERVINO on behalf of Defendant DNA SECURITY, INC. (SANSERVINO, NICHOLAS) |
Filing 22 NOTICE of Appearance by attorney ROBERT A. SAR on behalf of Defendant DNA SECURITY, INC. (SAR, ROBERT) |
Motions No Longer Submitted to Judge Beaty 16 MOTION for Leave to File Excess Pages re Briefs in Support of Motion to Dismiss; Joint Motion by parties forthcoming. (Kemp, Donita) |
Filing 21 NOTICE of Appearance by attorney EDWIN M. SPEAS, JR on behalf of Defendant MARK GOTTLIEB (SPEAS, EDWIN) |
***Motions Submitted: 16 MOTION for Leave to File Excess Pages re Briefs in Support of Motion to Dismiss to Judge CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
Filing 20 NOTICE of Appearance by attorney PATRICIA P. KERNER on behalf of Defendants STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS (KERNER, PATRICIA) |
Filing 19 NOTICE of Appearance by attorney JAMES B. MAXWELL on behalf of Defendant DAVID ADDISON (MAXWELL, JAMES) |
Filing 18 NOTICE of Appearance by attorney REGINALD B. GILLESPIE, JR on behalf of Defendant DURHAM, NORTH CAROLINA, CITY OF (GILLESPIE, REGINALD) |
Filing 17 NOTICE of Appearance by attorney JOEL MILLER CRAIG on behalf of Defendant BENJAMIN HIMAN (CRAIG, JOEL) |
Filing 16 MOTION for Leave to File Excess Pages re Briefs in Support of Motion to Dismiss by DNA SECURITY, INC., RICHARD CLARK. Responses due by 11/30/2007 (DAVIS, KEARNS) |
Filing 15 Consent MOTION for Extension of Time to File Answer of Linwood Wilson by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Text of Proposed Order)(DAVANT, CHARLES) |
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Filing 14 NOTICE of Appearance by attorney ROBERT JAMES KING, III on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (KING, ROBERT) |
Filing 13 NOTICE of Appearance by attorney KEARNS DAVIS on behalf of Defendants DNA SECURITY, INC., RICHARD CLARK (DAVIS, KEARNS) |
Filing 12 NOTICE of Appearance by attorney DAVID S RUDOLF on behalf of Plaintiff READE SELIGMANN (RUDOLF, DAVID) |
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Answer updated for LINWOOD WILSON to 11/12/2007. (Welch, Kelly) |
Filing 10 Declaration of Proof of Service served on Linwood Wilson on 10/23/2007, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Exhibit Return of Service (Linwood Wilson))(DAVANT, CHARLES) |
***Motions Referred: 9 MOTION for Extension of Time to File Answer until December 11, 2007 to Judge WALLACE W. DIXON. (Kemp, Donita) |
Filing 9 MOTION for Extension of Time to File Answer until December 11, 2007 by MICHAEL B. NIFONG.Responses due by 11/16/2007 (Attachments: # 1 Text of Proposed Order)(CRAVEN, JAMES) |
Filing 8 WAIVER OF SERVICE of SUMMONS by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. STEVEN W. CHALMERS waiver sent on 10/9/2007, answer due 12/10/2007; BEVERLY COUNCIL waiver sent on 10/9/2007, answer due 12/10/2007; RONALD HODGE waiver sent on 10/9/2007, answer due 12/10/2007; JEFF LAMB waiver sent on 10/9/2007, answer due 12/10/2007; STEPHEN MIHAICH waiver sent on 10/9/2007, answer due 12/10/2007; MICHAEL RIPBERGER waiver sent on 10/9/2007, answer due 12/10/2007; LEE RUSS waiver sent on 10/9/2007, answer due 12/10/2007; DNA SECURITY, INC. waiver sent on 10/9/2007, answer due 12/10/2007; RICHARD CLARK waiver sent on 10/9/2007, answer due 12/10/2007; BRIAN MEEHAN waiver sent on 10/9/2007, answer due 12/10/2007; DURHAM, NORTH CAROLINA, CITY OF waiver sent on 10/9/2007, answer due 12/10/2007; MARK GOTTLIEB waiver sent on 10/9/2007, answer due 12/10/2007; BENJAMIN HIMAN waiver sent on 10/9/2007, answer due 12/10/2007; DAVID ADDISON waiver sent on 10/9/2007, answer due 12/10/2007. (Attachments: # 1 Exhibit Waivers of Service of Summons & Return of Service)(DAVANT, CHARLES) |
Filing 7 ECF 30 Day Notice as to Attorneys Robert M. Cary, Christopher N. Manning, Brendan V. Sullivan, Jr. (Welch, Kelly) |
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***Motions Referred: 5 MOTION for Pro Hac Vice Admission to Judge WALLACE W. DIXON. (Kemp, Donita) |
Filing 5 MOTION for Pro Hac Vice Admission by DAVID F. EVANS, COLLIN FINNERTY. (Attachments: # 1 Text of Proposed Order)(DAVANT, CHARLES) |
Filing 4 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby) |
Filing 3 Summons Issued as to LINWOOD WILSON, MICHAEL B. NIFONG. (Attachments: # 1 Additional summons)(McClain, Abby) |
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website form directory for a list of mediators which must be served on all parties. (McClain, Abby) |
Filing 2 CIVIL COVER SHEET, filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES) |
Filing 1 COMPLAINT against LINWOOD WILSON, STEVEN W. CHALMERS, BEVERLY COUNCIL, RONALD HODGE, JEFF LAMB, STEPHEN MIHAICH, MICHAEL RIPBERGER, LEE RUSS, DNA SECURITY, INC., RICHARD CLARK, BRIAN MEEHAN, DURHAM, NORTH CAROLINA, CITY OF, MICHAEL B. NIFONG, MARK GOTTLIEB, BENJAMIN HIMAN, DAVID ADDISON ( Filing fee $ 350 receipt number 368490.), filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN.(DAVANT, CHARLES) |
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